Stevens v. State
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The trial court properly denied Petitioner’s request for a second-degree arson instruction as a lesser included offense of first-degree arson because the trial evidence did not entitle Defendant to such an instruction.
A jury found Petitioner guilty of first-degree murder, arson, and robbery. The trial court sentenced Petitioner to life imprisonment for first-degree murder. The district court affirmed, rejecting Petitioner’s contention that he was entitled a jury instruction on second-degree arson of a structure. The Supreme Court affirmed, holding that the trial court properly denied Petitioner’s requested instruction because this case did not present the trial court with any evidence to support a second-degree arson instruction.
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